(Download) "People V. Davis" by Supreme Court Of California In Bank * Book PDF Kindle ePub Free
eBook details
- Title: People V. Davis
- Author : Supreme Court Of California In Bank
- Release Date : January 14, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
PETERS, J. Consideration of these appeals was deferred to await the decision of this court in People v. Rollins, 65 Cal. 2d 681 [56 Cal. Rptr. 295, 423 P.2d 221], to determine whether the rules announced in Escobedo v. Illinois, 378 U.S. 478 [12 L.Ed.2d 977, 84 S.Ct. 1758], and Miranda v. Arizona, 384 U.S. 436 [16 L.Ed.2d 694, 86 S.Ct. 1602, 10 A.L.R.3d 974], were to be applied, wholly or partially, retroactively, or were to be applied prospectively in accordance with the rules announced for the federal courts in Johnson v. New Jersey, 384 U.S. 719 [16 L.Ed.2d 882, 86 S.Ct. 1772]. The Rollins case, supra, which has now been decided, held that as a matter of state policy the rules announced in Escobedo, supra, apply to all cases not finally determined on June 22, 1964, the day that case was decided, but that the new rules announced in Miranda, supra, apply prospectively only to cases tried after June 13, 1966, the day that case was decided. Since the instant case was tried after the date on which Escobedo, supra, was decided, there is no question buty that the rules of that case are applicable but the rules announced in Miranda, supra, have no application to this appeal because this case was tried before June 13, 1966.
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